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Bail Application for Breach CCO

Man in HandcuffsThis is a case study on a bail application for Breach CCO.

Our client was charged with Theft and Assault which breached a Community Corrections Order. He also had a lengthy prior history relating to dishonesty offences and several convictions for failure to appear and breaching corrections orders. The prosecution strongly opposed bail on the basis that our client was at an unacceptable risk of failing to appear on bail and at risk of reoffending.

Jessica Clothier represented the client at the Sunshine Magistrates’ Court for the bail application.

Submissions were made on the client’s behalf and pointed to the client’s excellent performance on his recent Community Corrections Order. Jessica had contacted the client’s Corrections officer who said that the client would be able to continue on his CCO order if he was released on bail.

Jessica also pointed out that the likely delay caused by contesting the assault charge, combined with the minor value of the theft, meant that the client could be spending longer in custody than he might ultimately serve on a sentence. His family was also able to provide a modest surety.

His Honour found that the client had shown compelling reasons and was not an unacceptable risk, despite his problematic history. The bail application for Breach CCO was granted. It was an excellent result especially for the client.

Elements of Breach CCO:

  • The accused is subject to a Community Correction Order;
  • The accused breached the order; and
  • The accused had no reasonable excuse for breaching the order.

 
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Jessica ClothierJessica Clothier

Jessica works from our Sunshine office and regularly handles cases at the Sunshine Magistrates' Court. She also represents clients at other Melbourne courts to ensure their right to a fair trial and the best possible outcome. Jessica has always been a fearless advocate and her skills in criminal law are acknowledged as early as during her university years.

Admitted to legal practice in April 2018, Jessica has completed placements at Springvale Monash Legal Service and at one of the top immigration firms in Australia. She graduated with Honours in Law in 2017 from Monash University and finished her Practical Legal Training at Leo Cussen Centre for Law.

Click here to know more about Jessica's background.  


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 30/10/2018